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Current through Laws 2023EX1, c. 52. Any person guilty of the crime of adultery shall be guilty of a felony and punished by imprisonment in the State Penitentiary not exceeding five (5) years or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
Defenses to an Alienation of Affection Lawsuit Considering this requirement, it's a valid defense if the defendant didn't know that the person was married. It's also a possible defense if the defendant can provide evidence that the cheating spouse aggressively seduced the defendant.
Alienation of Affection is a lawsuit brought by a married (or formerly married) person, who alleges that the actions of a third party deprived the married (or formerly married) person of the love and affection of his or her spouse. Alienation of Affection is a common law tort.
There used to be in Oklahoma a thing called alienation of affection, where that action would be valid. However, that is no longer the case. So, if your spouse was lured away into another relationship that broke up your marriage, alienation of affection is not available to you.
Evidence that may strengthen the claim includes photographs depicting a loving bond between the married couple, testimony from friends and family regarding the strength of their relationship prior to the affair, and cards, notes, texts, etc.
Though it's not illegal to cheat on your spouse, there may be repercussions in a civil court for infidelity depending on your location. Few people are ever successful in winning alienation of affection claims because of the elements that are required for a successful case.